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james bruce
james bruce, Solicitor-Advocate
Category: Property Law
Satisfied Customers: 3802
Experience:  Owner at James Bruce Solicitors
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I hope you're doung well. I have a question please and it

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Hello I hope you're doung well. I have a question please and it would be really great if you can answer please.We have a property which is jointly on my name, my father and mother's name. We have rented out that property. We have cleared almost 80% of mortgage.My mom is not doing well, she will be moving to Care home sometime soon because she is suffering from dementia.My question is, if she moves to care home? Will council / trust will be assess this as my mom's financial asset and will make us to sell this to cover her caring cost?Please answer.
Customer: replied 16 days ago.
Hello I hope you're doing well. I have a question please and it would be really great if you can answer please.We have a property which is jointly on my name, my father and mother's name. We have rented out that property. We have cleared almost 80% of mortgage.My mom is not doing well, Aashe will be moving to Care home sometime soon because she is suffering from dementia.My question is, if she moves to care home? Will council / trust will assess this as my mom's financial asset and will make us sell this to cover her caring cost?Please answer.

Hello, I hope you are well. My name is***** am a solicitor advocate and I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.

Customer: replied 16 days ago.
Thank you. I greatly look forward to hearing from you.
Customer: replied 16 days ago.
Does this come under property law or family law please?

Your mothers assets would be assessed to help make a decision as to whether she needs to pay towards her care home costs when the time arrives. However, because the property is jointly owned by three of you, you don't have to worry about the local authority forcing a sale. It cannot force any of you to sell.

Your mothers share of the property will be taken into account in the means test for assessing fees if he does go into care. However, because he owns the property jointly with two others, the local authority has to base its valuation on the value of your mothers share only in the current circumstances rather than on the value if the property were sold.

In the current circumstances it is very unlikely you would be able to find an outside buyer to purchase a one third share of the property especially if the other 2 owners would still be living there. As a result, the value of your mothers share could be very low or even nil.

If the other owners are over 60 and whether they jointly-owned the property or not, the value of the home would not be taken account of in the means test at all.

Customer: replied 16 days ago.
Thank you so much for your detailed response.But we have rented out the property and living at our other property? Does that make a difference please?

No that would not make any difference, they would still only be able to place a value on your mothers share of the property.

Customer: replied 16 days ago.
Thank you.I am bit confused sorry.As you mentioned they can't make us sell property. But if council / trust finds someone who is willing to buy the third share then what would happen please?Can they make us provide financial help to cover her care cost?Can we be asked to provide financial assistance using rental income we receive from that house?Property is worth around 150K.

They cannot make you sell your share and unlikely they would find someone wanting to by your mothers one third share.

Yes it is possible that you may have to provide financial help. After all, there are valuable assets to allow that.

Customer: replied 16 days ago.
Thank you so much. One last question please.Can a patient suffering from dementia transfer the property to her son or husband through power of attorney or directly?
Customer: replied 16 days ago.
my father is 63 years old, we live at our other property and this one we have rented out.

If they have dementia they may actually lack mental capacity to do that.

In any way, the council could see that as an attempt of deprivation of assets and could still use the value in an assessment.

Customer: replied 16 days ago.
Thank you so much.As my father is 60+ and he is also the joint owner.In that case, will my mother still hold one 3rd of the share during assets assessment?

then age does not affect ownership, only when the value would or would not be considered for care purposes.

james bruce and other Property Law Specialists are ready to help you
Customer: replied 16 days ago.
Ok thank you so much.

Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance.

Customer: replied 16 days ago.
one last question sorry.We are willing to sell the property. If we sell the property and she is in permanent care, would her share go to the council or my father can keep it as he himself is 60+?

If it is money in the bank form a sale, then the council could look at it.

Customer: replied 16 days ago.
Well if we sell the property and use that amount to buy another property. Would my mother has share in that property too?

If her name goes on the deeds yes, if not no, but then you would have to account for where her money went, deprivation of funds again. There is no way around having to pay care home costs if you have the money.

Customer: replied 16 days ago.
Well mum never put any money in it. She never worked all her life. We just kept it on her name when we bought it.Can you please clarify this.If we sell property, do we have to give her share to council or we can pay monthly contributions towards her care as she also get monthly disability allowance?And it's on 3 people's name, she is suffering from dementia. Can we sell this property if me and my father are Ok to sell it?

Her name is ***** ***** title deeds therefore she is a legal owner, it does not matter what she put in top it, she still has a financial interest as a joint owner.

You would be able to make monthly payments.

Yes you can sell, but if your mother lacks capacity she cannot sign papers. If there is no Lasting power of attorney in place then you may have to apply to the Court of Protection for guardianship.

Customer: replied 16 days ago.
Can she still take monthly disability allowance?E.g if she gets £500 montlhy disability allowance and care cost is £700, then we will put remaining £200 to cover the monthly cost.Or will we be asked to pay full monthly cost as she has some financial assets?
Customer: replied 16 days ago.
that was last question! Thanks for your patience and help. :)

Sorry you would need to ask that as a new question, we have moved from pro[perty law issues to benefits law.That is a different legal issue for another expert to answer sorry.